Goode v Martin [2001] EWCA Civ 1899 (13 December 2001)

Goode v Martin [2001] EWCA Civ 1899 (13 December 2001)

The Court interpreted CPR 17.4(2) compatibly with section 35(5) of the Limitation Act 1980 and Article 6 ECHR, permitting the claimant to amend her statement of claim as the new claim arose out of the same facts already in issue, including those raised in the defence. Preventing the amendment would unjustifiably impede access to the court.

Citation
[2001] EWCA Civ 1899
Parties
Claimant/appellant: Virginia Goode; Defendant/respondent: Hugh Martin
Jurisdiction
England and Wales
Judgment Date
13 December 2001
Procedural Posture
Appeal From Queen's Bench Division (admiralty Court) / Second Appeal Before Court of Appeal
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Limitation of Actions, Human Rights (article 6 Echr)
Civil Procedure Admiralty Law Personal Injury Amendment of Pleadings Limitation of Actions Human Rights (article 6 Echr)

Case Brief

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Parties

Virginia Goode

Claimant/appellant

Hugh Martin

Defendant/respondent

Procedural Posture

Appeal From Queen's Bench Division (admiralty Court) / Second Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the claimant should be permitted to amend her statement of claim after the limitation period expired
  2. 2 Interpretation of CPR 17.4(2) and section 35 of the Limitation Act 1980
  3. 3 Compatibility of procedural rules with Article 6 ECHR

Ratio Decidendi

The Court interpreted CPR 17.4(2) compatibly with section 35(5) of the Limitation Act 1980 and Article 6 ECHR, permitting the claimant to amend her statement of claim as the new claim arose out of the same facts already in issue, including those raised in the defence. Preventing the amendment would unjustifiably impede access to the court.

Court Disposition

Appeal allowed

Orders

  • Amendment to statement of claim permitted
  • Case management conference to set timetable for trial